COURSE # SD 407

1. COURSE# SD 407 The SERVICE AGREEMENT BEFORE & BEYOND September 2008 Kathy Tragos – Office of the Vice President for Administration – MB 3.102 – X6491

2. COURSE# SD 407 HELLO ! Name: Department: What does s/he do? Years in current position:

3. Before and Beyond Academia AVPA Disbursements& Travel

4. Office of Vice President of Business Affairs in collaboration with Disbursements Office Travel Services Office Payroll Office DEFINE Services Office of the Provost Fiscal Services Legal Services Office of Research Integrity and Compliance Office of Sponsored Programs Office of International Programs Dean’s of the Colleges SME team at HR – Gary Grimes And each of YOU

5. OBJECTIVES • Identify the correct type of payment request • Properly complete a Service Agreement

6. Previously: ONE SIZE FITS ALL ASA P Payroll

7. P

8. Recognizing Requests Service Requirement PO: Purchase Order Service Requirement P Service Agreement – non-US Citizen Salary Supplement/ Split Appointment Service Agreement US Provider Can’t be done

9. Service Requirement • Part of the Job • Expected contributions as faculty • “Other duties as assigned”

10. Service Requirement HOP 2.10B 1c Service: This category includes service to students, colleagues, department, college, and the University, including academic advising, counseling, and other student services; administrative and committee service; and service beyond the University to the profession, community, state and nation, including academic or professionally related public service.

11. Service Requirement Examples • Speaking briefly at a luncheon • Speaking at a colleagues class • Mentoring students • Working individually with students

12. Different Payment Requests Service Requirement P Salary Supplement Salary Supplement Split Appointment

13. Salary Supplement • Extra class during the semester • Other work during the semesterAppointments at 0% Example: Chairperson

14. Salary Supplement • Requests for Salary Supplement Forms • Electronic Supplement Appointment Approved on a case by case basis Human Resources Form ACADEMIC AREAS

15. Split Appointment -%- • When the Provider is NOT at 100% HOP 4.7 III A 6.b Where an administrator or other non-faculty employee is expected to teach on a regular basis, it is appropriate to treat such appointments as an adjustment to the current workload with a "split" appointment … QUESTIONS: Contact you Dean’s Office

16. Salary Supplement Routing • Faculty • Dean’s Office • Dr. Johnson’s Office • Non- Faculty • Dean’s Office • Office of the Provost

17. Recognizing the Differences PO: Purchase Order Service Requirement P Salary Supplement/ Split Appointment

18. PO – Purchase Order • Purchase merchandise • Purchase services • PO -(under $5000) • PB4 –(over $5000) • Merchandise - Computers - Supplies • Services - Exam Proctor - Speaker P PO: Purchase Order

19. PO – Purchase Order • Procurement Requirement “obtain best procurement value for the university” • Bidding • Sole Source • Cannot be done after-the-fact P

20. ACTIVITY 1 Service Salary Supplement Purchase Requirement Split Appointment Order

21. the “UTSA Employee” factor P Service Salary Purchase Requirement Supplement Order Salary Supplement Service Requirement Yes X X No X

22. the “UTSA Employee” factor

23. the “UTSA Employee” factor • DEFINE does not allow Purchase Orders for: • UTSA employees • UT System employees

24. … the second job • Would you hire someone to work full time at two different positions ? • Possible impact? • Police officers: • Duties: attentive, alert, cautious • Impact of two full shifts on a regular basis? • As cautious, attentive and alert? • Physical impossibility • Regulations exist on % time – (different from overtime)

25. The Service Agreement Working at UTSA is no different Depts. can’t “hire” people to work 2 positions Sal. Supplements/Supp. Appts. go through HR The only way an additional service – part time- can be justified from the department is as an INDEPENDENT CONTRACTOR The SERVICE AGREEMENT is for INDEPENDENT CONTRACTORS

26. The Service AgreementINDEPENDENT CONTRACTOR DETERMINED BY BUSINESS AFFAIRS FACTORS INCLUDE (but not limited to): Not within the same scope of work Not using UTSA’s resources Not working as a UTSA Employee for purposes of the contract Questions: Call Office of AVPA

27. The Service AgreementINDEPENDENT CONTRACTOR • STATUS DETERMINED BY BUSINESS AFFAIRS • CONTRACTED WITH A SERVICE AGREEMENT

28. SERVICE AGREEMENT • A MUST FOR UTSA EMPLOYEES • CAN BE USED BY NON-UTSA EMPLOYEES • Year round agreement • Does not encumber funds • Prefer signed and written terms • Preference

29. SERVICE AGREEMENT PURCHASE ORDER They are BOTH Contracts We must have a contract in place with out provider prior to accepting services. The ASA was NOT a contract; there was no agreement between UTSA and the provider

30. Understanding the LINGO • Provider • Services • Deliverables • Independent Contractors • Procurement Requirement • Signature Authority • Routing

31. 3 Contract Elements • Offer: Provider will give you _ (Services and Deliverables)_ • UTSA will give you in exchange for _( $$.00) (Consideration); terms_ • Acceptance – Signature authority Offer - Consideration - Acceptance

32. Offer: (Exhibit “A”) Services Deliverables Consideration(Exhibit “B”) Compensation Reimbursement Acceptance: (Signature) Signature Authority (pg 5) Service Agreement parts

33. What factors do we need to consider? Can we legally do business with this provider? Can we comply with the new Conflicts of Interest Policy distributed Dec. 20, 2007? (UTSA employees) Citizenship Factor ORIC compliance Vendor ID in DEFINE Submit evidence of compliance PRE-Service Agreement Questions

34. NON US CITIZENS Non US Citizen clearance –FORM A/B-1 Must be on a Service Agreement ______________ US CITIZENS _______________ Service Agreement – for UTSA employees PO for non- UTSA employee (option) Citizenship Factor

35. Contracts with NON US CITIZENS Starts with approval from Office of International Programs May be determined or limited by Immigration status; (grant funding) * Always obtain OIP approval BEFORE completing Services agreement and BEFORE acquiring signatures. Citizenship Factor

36. NON US CITIZENS Non US Citizen Form A or B-1 - < > (AVPA/OIP) Must be on a Service Agreement PAYMENT ROUTING: Payment is processed through the Payroll Department (non-US citizen tax specialist) Additional information may be required Citizenship Factor

37. Office of Research Integrity and Compliance Visual Compliance Check Country Import / Export control clearance ORIC Factor

38. DEFINITION Vendor in DEFINE is a vendor who/that has been set up in our DEFINE system The EID is the # set up in our payroll system NO Social Security Numbers in any form! (VID offers control) Example abc123 Vendor in DEFINE - VID

39. W-9 - found in UTSA Public Folders – Disbursements Filled out, signed and dated Create a GGV to be approved Vendor in DEFINE – needed:

40. BY FAX: Fax signed and dated W-9 form Fax copy of GGV BY EMAIL FORWARD email from Provider with W-9; this email will be used as electronic signature Include GGV Document ID # in email Vendor in DEFINE – setting up

41. 1) IF Non- US citizen:: Fax signed and dated W-8 form (some may have Tax ID numbers even though they are not citizens Fax copy of GGV 2) OTHER: Include GGV Document ID Identification on Vendor letterhead QUESTIONS : CALL DISBURSEMENTS Vendor in DEFINE - other

42. Chapter 4 Personnel - General 4.31 Conflicts of Interest Policy H. Self-dealing/Transactions with Employees Additionally, before UTSA may purchase any supplies, materials, services, equipment, or property from you, the president or his designee must approve the purchase, and the purchase may be made only if the cost is less than from any other known source. Conflicts of Interest Policy

43. before UTSA may purchase any supplies, materials, services, equipment, or property from you, the president or his designee must approve the purchase, and the purchase may be made only if the cost is less than from any other known source. 4.31 Conflicts of Interest Policy

44. Service Agreement- Template

45. Service Agreement 1 2 5 3 4

46. Service Agreement = Legal Document I thought… It was assumed…. It’s not hers? I was supposed to get $100/ hr not a total of $100.00 Payable in two parts….. AGREEMENT TERMS MUST BE SPECIFIC AND CONSISTENT

47. Exhibit “A”

48. Services Dressmaker Deliverables Sew Two red evening dresses with matching capes Hem 1 skirt Fix sleeves on one shirt “A”: Services & Deliverables

49. Services Food services for Graduation banquet Deliverables Salad Entrée Choice of 3 dinners Service and clean-up Set up at 5:30 Clean up by 9:30 “A”: Services & Deliverables

50. ACTIVITY 2 Your Dean stopped by and asked you to arrange for payment for Dr. Utsa Dr. Utsa will be providing the following services. Complete Activity Sheet #2 listing Services & Deliverables Group – A: Guest Lecturer – UT System Employee Group – B: Presenter at Forum - not a UTSA employee Group – C:Exam Proctor – UTSA employee Group – D:Moderator for Panel - UTSA employee Group – E:Design a Logo – UTSA employee